2305ORDINANCE NO. 2305
AN ORDINANCE AMENDING CHAPTER 10.36 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "JUNK VEHICLES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 10.36 of the Moses Lake Municipal Code entitled "Junk Vehicles" is amended as follows:
10.36.010 Authority and Purpose:
A.RCW Chapter 46.55 and RCW 46.55.240, as now enacted or hereafter amended, provide the
authority for the city to adopt laws relating to the removal of junk vehicles, parts thereof and
automobile hulk. It is the intent of the city that the greatest possible powers be granted to the
city Code Enforcement Officer and/or its Police Department to facilitate the removal of junk
vehicles from private property within the city.
B.The keeping of junk vehicles or parts thereof or automobile hulks on public or private property
within the corporate limits of the city is declared to be a public nuisance, except as provided
for herein. Such public nuisance may be abated as provided in Chapter 8.14.
10.36.030 Nuisance Abatement Procedures:
A.If a land owner claims an ownership interest or bailment responsibility for a junk vehicle, parts
thereof or automobile hulk, located on his property, upon contact by the Code Enforcement
Officer or Police Department as provided in subsection 10.36.020 (B) above, the matter shall
be referred to the Building Official for possible further action.
B.The Code Enforcement Officer or Police Department may inform any land owner keeping a
junk vehicle, parts thereof, or automobile hulk within the city, in any zone, that such vehicle is
a public nuisance and said nuisance must be abated by the land owner within fifteen (15) days
or the city will proceed to abate the nuisance by removal of the junk vehicle, parts thereof, or
automobile hulk from the land owner's property and the costs of such removal including
administration costs shall be charged against the land owner and/or the last registered owner
of the automobile hulk, junk vehicle, or parts thereof, unless the owner, in the transfer of
ownership of the vehicle or automobile hulk, has complied with RCW 46.12.101. The Code
Enforcement Officer shall issue a Notice of Violation and Order to Correct as provided in
Chapter 1.20 and in compliance with the provisions of this chapter. This notice shall be
delivered to the last registered owner of the junk vehicle, parts thereof, or automobile hulk and
to the property owner of record by certified mail, with a five (5) day return receipt requested.
Such notice shall also inform the registered owner and the land owner of the right to request
a hearing to contest the city's proposed removal of the junk vehicle, parts thereof, or
automobile hulk.
ORDINANCE NO. 2305
•AN ORDINANCE AMENDING CHAPTER 10.36 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "JUNK VEHICLES"
i rmyntr, THE CITY COUNCIL OF THE CITY OF MOSFS I AKF \A/ACI-1 INIC:Tr1KI nDnAinic nc M
YOU may request a hearing before the judge of the Municipal Department of the District Court
to contest the city's determination that your junk vehicle(s), parts thereof, or automobile hulk(s)
is a public nuisance and the abatement thereof, or that you are legally responsible for the junk
vehicle(s), parts thereof, or automobile hulk(s) described above. To request this hearing, one
of you must notify the Police Chief of the City of Moses Lake in writing at the address below,
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ORDINANCE 2305
PAGE 2 March 27, 2007
within ten (10) days of the date of this notice. If you do not request a hearing, the junk
vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Moses Lake and
the costs thereof, including administrative costs, shall be assessed against all or any one of
you.
Police Chief
City of Moses Lake
P. 0. Box 1579
Moses Lake, WA 98837
D.If either the last known registered owner of the junk vehicle, parts thereof, or automobile hulk
or the land owner requests a hearing to contest the city's determination that the junk vehicle,
parts thereof, or automobile hulk constitutes a public nuisance and the abatement thereof, or
that either or both the registered owner and land owner is legally responsible for the junk
vehicle, parts thereof, or automobile hulk, such hearing shall be conducted after a written
notice of the date, time, and place of such hearing is mailed, by certified mail, with a five (5)
day return receipt requested, to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owner of record unless the vehicle is in
such condition that identification numbers are not available to determine ownership. Such
hearing shall be held within thirty (30) days of receipt of a written request for a hearing. No
action shall be taken to remove the junk vehicle, parts thereof, or automobile hulk during the
pendency of a hearing except pursuant to a court order. The land owner may appear in person
at said hearing or present a written statement in time for consideration at said hearing, and
deny responsibility for the presence of the vehicle on the land, with his reasons for the denial.
E.After the expiration of the fifteen (15) days provided for in the notice to the registered owner
and land owner above, if no hearing has been requested, or after a hearing, if requested, the
Building Official may proceed to have the junk vehicle, parts thereof, or automobile hulk
removed and the costs of such removal including administrative costs shall be taxed against
the registered owner and/or land owner jointly and severally.
F.The provisions of this chapter shall not apply under the following conditions:
1.If a vehicle or part thereof is completely enclosed within a building in a lawful manner
where it is not visible from the street or other public or private property, or;
2.If a vehicle or part thereof is stored or parked in a lawful manner on private property in
connection with the business of a licensed dismantler or licensed vehicle dealer and is
fenced according to RCW 46.80.130.
ORDINANCE 2305
PAGE 2 March 27, 2007
within ten (10) days of the date of this notice. If you do not request a hearing, the junk
vehicle(s), parts thereof, or automobile hulk(s) will be removed by the City of Moses Lake and
the costs thereof, including administrative costs, shall be assessed against all or any one of
you.
APPROVED AS TO FORM:
ames A. Whitaker, City Attorney
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